Summary: We will not investigate Mr X’s complaint about the Council wrongfully terminating his company’s contract for services. This is because there is an alternative legal remedy available.

The complaint

1. Mr X complains the Council wrongfully terminated his company’s contract for services.

Back to top

The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X is a director of a care company. He says the Council has terminated his contract for services despite service users wanting to use the services of his care company.
6. An investigation is not justified as there is an alternative legal remedy available to Mr X to challenge the Council’s actions. This is because Mr X is essentially complaining the Council has not terminated the contract in line with the terms set out in the contract.
7. The Ombudsman does not normally interpret commercial contracts as commercial law is complex and arguments about its interpretations are for the courts. I am satisfied both parties can access the court process and that it is reasonable for Mr X to pursue the matter in court.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because there is an alternative legal remedy available.

Back to top

Investigator's decision on behalf of the Ombudsman